{"operation":"document","citation":"24-0105","title":"A. Duie Pyle, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-05-13","effective_on":null,"summary":"24-0105 response to A. Duie Pyle, Inc. concerning 172.304, 172.326, 172.331, 172.406, 172.504, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-05/240105.pdf","body":"<<<PAGE 1>>>\n\nRoundtree\n24-0105\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Guidance and Interpretation\nDate: Thursday, October 31, 2024 9:59:40 AM\nAttachments: image001.png\nA. Duie Pyle PHMSA Attachment Letter 10-2024.pdf\nHello Hazmat Interps,\nPlease see the attached request for a letter of interpretation.\nThanks,\nJanaye\nFrom: Rich Kaczynski <rkaczynski@aduiepyle.com>\nSent: Wednesday, October 30, 2024 4:23 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nCc: Rich Kaczynski <rkaczynski@aduiepyle.com>\nSubject: Guidance and Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nGood afternoon-\nBy way of introduction, my name is Rich ‘K’ Kaczynski and I am the Safety Manager with A. Duie Pyle\nInc, an LTL Transportation Company headquartered in West Chester PA. We recently had a Level I\nroadside inspection and cited with a hazmat violation that we are needing some guidance and\ninterpretation on. I have attached an interpretation letter to this email that I would like to\nrespectfully submit for your review and guidance on. If I need to submit this in another way could\nyou kindly please provide me direction. If not, I will wait for your response on our questions.\nIf you need additional information please feel free in reaching out to me directly via my email\nrkaczynski@aduiepyle.com or on my cell phone @ 484-571-0030.\nThanks you very much for your time and consideration.\n-RichK\nRich ‘K’ Kaczynski | Loss Prevention\n610-696-5800 x33182 (O) 484-571-0030 (C)\nA. Duie Pyle, Inc. | www.aduiepyle.com\n\n<<<PAGE 2>>>\n\nIntegrated Supply Chain Solutions\nLTL | Dedicated | Brokerage | Warehouse & Distribution | Solutions Design\n\n<<<PAGE 3>>>\n\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nOctober 30, 2024\nDear Mr. Kelly;\nWe recently had a one of our trucks pulled over for a Level I roadside inspection and during the\ninspection we were cited under 49 CFR §177.823(a) for a securement strap (used to secure a\nhazardous materials shipment that was staged inside our trailer) for obscuring a hazard class\nlabel and required markings on the shipment by the strap. It was further noted in the Roadside\nInspection Report: “Required Corrosive label and markings (UN ID and Proper Shipping Name)\nobscured by tie down strap. Reference §172.406(f) and 172.304(a)(3).”\nHere are some pictures provided by the inspecting Trooper of the actual freight and securement\nstrap in question discovered during the inspection:\nIn a follow-up phone conversation with the inspecting Trooper it was stated that the reason we were\ncited was in both §172.406(f) & §172.304(a)(3) it states that:\n§172.406(f) – Visibility. A label must be clearly visible and may not be obscured by markings or attachments.\n§172.304(a)(3) – The marking required in this subpart must be unobscured by labels or attachments.\n\n<<<PAGE 4>>>\n\nThe inspecting Trooper stated in their opinion the securement strap shown in this example was\nconsidered an attachment and therefore was in violation of §172.406(f) & 172.304(a)(3).\nThat said, I have the following questions that we would like your interpretations on:\n1. What is the definition of an ‘attachment’ as referenced in §172.406(f) & 172.304(a)(3)?\n2. Is a securement strap or other freight securement devices commonly used in the transportation\nindustry used to meet the securement requirements stated in §177.834(a) considered an\nattachment?\n3. If a securement strap is considered an attachment, would the example pictured below be in\nviolation of §172.406(f) & 172.304(a)(3) since it partially covers the required hazard class labels\nand markings?\n4. In the example below, if a freight securement load bar is partially obscuring the hazard class\nlabels and required markings, would that be a violation of §172.406(f) & 172.304(a)(3)?\n\n<<<PAGE 5>>>\n\n5. In the example below, if other freight that is loaded behind a hazmat shipment already staged\nin a trailer is partially obscuring the hazard class labels and required markings, would that be a\nviolation of §172.406(f) & 172.304(a)(3)?\n6. In the example below, it is common practice in the freight transportation industry to use pallets\nand other means of dunnage to help protect and secure hazmat freight in a trailer during the\ncourse of transportation. If the pallet or dunnage shown below is partially obscuring the hazard\nclass labels and required markings, would that be a violation of §172.406(f) & 172.304(a)(3)?\n\n<<<PAGE 6>>>\n\nThanking you in advance for your help and interpretations on the questions included in this\nletter. If you need additional information please feel free in reaching out to me directly at the\ninformation provide below. Stay well.\nRespectfully submitted,\nRichard D. Kaczynski CDS\nRich 'K' Kaczynski | Safety Manager\nOffice: 610-696-5800, ext. 3182 | Cell: 484-571-0030\nrkaczynski@aduiepyle.com\nA. Duie Pyle, Inc | www.aduiepyle.com\n650 Westtown Road\nWest Chester PA 19381\nIntegrated Supply Chain Solutions\nLTL | Custom Dedicated | Truckload Brokerage | Warehouse & Distribution | Solutions Design\n\n<<<PAGE 7>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 12, 2025\nRich Kaczynski\nSafety Manager\nA. Duie Pyle, Inc.\n650 Westtown Road\nP.O. Box 564\nWest Chester, PA 19381-0564\nReference No. 24-0105\nDear Mr. Kaczynski:\nThis letter is in response to your October 30, 2024 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and label\nvisibility requirements as it relates to §§ 172.304(a)(3) and 172.406(f), respectively. Also, you\nprovide several photographs of motor vehicle trailer loading configurations and ask whether they\nare deemed compliant with the referenced visibility requirements. Note that there are separate\ndisplay and visibility requirements specific to UN identification number marking and placards on\npackages that are loaded in or on a transport vehicle, as well as placarding requirements for\ntransport vehicles loaded with hazardous materials, that provide extra hazard communication\n(e.g., §§ 172.326(c), 172.331(c) and 172.504(c)).\nWe have paraphrased and answered your questions as follows:\nQ1. What is the definition of an “attachment” as referenced in §§ 172.304(a)(3) and\n172.406(f)?\nA1. The HMR does not define the term “attachment.” The intent of the requirements in\n§§ 172.304(a)(3) and 172.406(f) is to ensure that required marking(s) and label(s) clearly\ncommunicate the hazard(s) presented within the package and that the display of the\nrequired marking(s) and label(s) is not obstructed by any additional markings, labels, or\npackage attachments that may reduce the effectiveness of the required hazard\ncommunication.\nQ2. Is a securement strap, or other freight securement devices commonly used in the\ntransportation industry, used to meet the securement requirements stated in § 177.834(a)\nconsidered an attachment?\n\n<<<PAGE 8>>>\n\nA3. Please refer to answer A1.\nQ3. If a securement strap is considered an attachment, would the example provided be in\nviolation of §§ 172.304(a)(3) and 172.406(f) since it partially covers the required hazard\nclass labels and markings?\nA3. No. The HMR do not specifically address the visibility of a package’s markings and\nlabels when loaded onto or in a transport vehicle or in a freight container as it relates to\nother hazardous materials packages, other non-hazardous items aboard the vehicle or\ncontainer, or means of securement (e.g., straps). In addition, specific means for\nsecurement and orientation of packages beyond § 177.834(a) and (b) are not specified in\nthe HMR. However, loading, and securing packages in a transport vehicle in a manner\nthat makes it difficult for emergency response personnel to identify potential hazards may\ndelay emergency response efforts. Furthermore, difficulty in determining whether the\npackage conforms to marking and labeling provisions may result in the frustration of the\nshipment by carrier or enforcement personnel.\nQ4. If a cargo securement load bar is partially obscuring hazard class label(s) and\nmarking(s)—as shown in the photograph provided—would this be a violation of\n§§ 172.304(a)(3) and 172.406(f)?\nA4. Please refer to answer A3.\nQ5. If other cargo is loaded in a trailer in front of or behind cargo that is already loaded in a\ntrailer, but the cargo partially obscures hazard label(s) and marking(s)—as shown in the\nphotograph provided—would this be a violation of §§ 172.304(a)(3) and 172.406(f)?\nA5. Please refer to answer A3.\nQ6. If the pallet or dunnage used to protect and secure hazardous material cargo in a trailer—\nas shown in the photograph provided—partially obscures the hazard class label and\nmarking would this be a violation of §§ 172.304(a)(3) and 172.406(f)?\nA6. Please refer to answer A3.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":9285}